DUI & DWI in Montana

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Montana, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

If BAC is over 0.04 but under 0.08 then other factors will be considered to determine the driver’s innocence or guilt.

NOTE: Open alcohol containers are prohibited in vehicles.

Having a license in the state of Montana automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. The first Refusal to take the chemical test will result in your license being suspended for 6 months and you may not eligible for a restricted probationary license; the second or subsequent refusal in 5 years will result in your license being suspended for 1 year and you may not eligible for a restricted probationary license.

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

(in 5 years)

• Imprisonment for 6 days to 7 months and/or $600 to $1,000 fine.
• Points will be added to your driving record.
• Your driving privilege will be suspended for 1 year.
• Your vehicle may be seized or you may forfeit your vehicle.
• Minimum 48 consecutive hours of imprisonment is mandatory and cannot be served as a house arrest.
• Your imprisonment may be suspended (except first 5 days) for 1 year if you successfully undergo a chemical dependency education, assessment or treatment as ordered by the court.

(in 5 years)

• Imprisonment for 30 days to 1 year and/or up $1,000 to $5,000 fine.
• Points will be added to your driving record.
• Your driving privilege will be suspended for 1 year.
• Minimum 48 consecutive hours of imprisonment is mandatory and cannot be served as a house arrest.
• Your imprisonment may be suspended (except initial 10 days) for 1 year if you successfully undergo a chemical dependency education, assessment or treatment as ordered by the court.

• 13 months to 5 years in at the Department of Corrections.
• A $1,000 to $10,000 fine.
• Points will be added to your driving record.
• You will have to undergo a 13-month correctional program at an approved facility by the Department of Corrections.
• You may have to undergo a residential program for alcohol treatment approved facility by the Department of Corrections.
• You will not be eligible for parole.

• 1st Conviction: Points will be added to your driving record and your license suspended or revoked for 90 days, you may have to pay from $100 to $500 in fines.
• 2nd Conviction: The license may be suspended for 6 months; you may have to pay from $200 to $500 fines.
• 3rd and Subsequent Convictions: The license may be suspended for 1 year; you may have to pay from $300 to $500 in fines.
• If you are over 18 years of age, a third or later conviction may result in incarceration of at least 24 successive hours to over 60 days.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• 1st DUI/DWI Offense- when accompanied by 1 or more children under age 16, will result in imprisonment of minimum 48 successive hours up to 12 months &/or $600-$1,000 fine.
• 2nd DUI/DWI Offense- when accompanied by 1 or more children under age 16, will result in imprisonment of 14 days up to 12 months and/or $1,200-$2,000 fine.
• 3rd DUI/DWI Offense- when accompanied by 1 or more children under age 16, will result in imprisonment of 60 days up to 12 months and/or $2,000-$10,000 fine.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if you have any detectable BAC.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• The 1st Refusal to take the chemical test will result in your license being suspended for 1 year; the 2nd and subsequent refusals in 5 years may result in your license being suspended for life depending on the rules.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Montana laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is under age 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Montana driver license and issue a temporary five-day driving permit that becomes effective 12 hours after it is issued, issue a written license suspension notice and your right to a hearing; and send the entire set to the Motor Vehicle Division. The driver can schedule an administrative hearing within 30 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. If he has any alcohol related convictions or suspensions for this 5-year period his license will be suspended or revoked. You may be eligible to drive using the Restricted Probationary License if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the Motor Vehicle Division. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Motor Vehicle Division, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation may also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol or a comparable program (the agency will send the proof to the Motor Vehicle Division once you have completed the program), pay the appropriate reinstatement fee, & maintain proof of financial responsibility by filing SR-22, if required.
• If you are being convicted for a first time, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive at your cost during the probationary period. If you are being convicted for a second or subsequent time, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive at your cost for 12 months after your license revocation ends.
• You can submit the reinstatement application and fees in person at a Motor Vehicle Divisions office near you.